article one gave congress the right to pass this. >> can you compel people to engage in commerce? >> correct. and roberts said no. which was a tremendous conservative victory. but then he turned the corner and he said, well, congress also has the power to tax and this was a legitimate tax under that part of the power. >> this move obviously a brilliant political move on the court. is roberts as good as anybody you've seen over the past let's say quarter century, 30, 40 years politically in working of the court? >> better. >> better than anybody. >> he's brilliant. >> and a better writer. you know, i think the best writer in the history of the supreme court was robert jackson, who served in the '40s and '50s, fascinating, brilliant guy. john roberts is an elegant, beautiful stylist, which is the exception rather than the trial supreme court. he's remarkable man. >> so john roberts proves to both conservatives and liberals that a vote's just not enough, right? we have the harriet meyers example in 2005. a lot of conservatives, going to be a vote for the conservatives. you want if yo